Cannan Mobile app (“mobile app”) is operated by Cannan Kindergarten and Nursery (hereinafter referred to as “Cannan”, “we”, “our”, “us”). By subscribing to or by logging in to this mobile app, users confirm that they have read, accepted and agreed to abide by the below Terms and Conditions. Users also acknowledge that Cannan may, from time to time, alter the Terms and Conditions of this mobile app without prior notice.
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General use
Subject to your compliance with these Terms and Conditions, we grant you permission and rights to use this mobile app, provided that:
- 1.1 Your use of this mobile app is only for your personal use, and you are not permitted to resell or charge others for use or access to this mobile app, or use this mobile app in any other manner inconsistent with these Terms and Conditions;
- 1.2 You will not duplicate, transfer, give access to, copy or distribute any part of this mobile app in any medium for commercial use or malicious purpose;
- 1.3 You will not decompile, convert, alter, modify, enhance, customise, repair or delete all or any part of this mobile app, or make any attempt to do so. We may revoke the rights to use this mobile app forthwith upon your breach of any of these Terms and Conditions; and
- 1.4 You agree that we may revise, suspend, terminate, extend or reduce the scope of services to be provided to you in or via this mobile app;
- 1.5 Permit a third party to use this mobile app with student account and password directly or indirectly without your consent;
- 1.6 Transmit, attach any viruses or other harmful or damaging programme to damage or interfere the normal operation of any computer software, hardware or telecommunications equipment through this mobile app.
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Intellectual Property Rights
Cannan owns this mobile app and/or its materials (including but not limited to logos, visuals, sound clips, video clips, photos, design, data compilations, underlining codes (object and source codes), software, any other materials in and of the mobile app). All the related copyrights, trademarks, service marks, patents, database rights and intellectual rights associated with this mobile app shall remain vested in Cannan. Without express permission from Cannan, any unauthorized attempts to copy, use, publish, transfer or alter the contents or in any way exploit, any of the materials of this mobile app are prohibited. You may only download the part of the material in the mobile app as is expressly permitted to be downloaded from the mobile app for the use specified and for your personal use only. You have no right in or to the mobile app and/or its materials and you will not use the mobile app except as permitted under these Terms and Conditions.
Except as otherwise expressly permitted by us and the copyright owner by written permission and/or under applicable copyright law, no modification, copying, redistribution, uploading, retransmission, publication or commercial exploitation of downloaded material will be permitted. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any change to or deletion of author attribution, trademark, legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us in connection with the mobile app without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your feedback.
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Collection of Personal Data
When you use this mobile app or provide your personal information, we will collect your personal information, which may include your name, gender, date of birth, identity document details, occupation, postal address, email address and contact number. All personal data will be collected on a voluntary, open and fair basis. Any information that we collect will be used for internal only.
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Disclaimer and Limitation of Liability
- 4.1 The valid period of any information displayed in this mobile app is based on our server time. The material on this mobile app is for general information only and nothing in this mobile app contains professional advice or guarantees or any binding commitment. We will not make any express or implied statement, representation or warranty for the accuracy, timeliness, reliability or completeness of the said information. In any circumstances, we will not be responsible for any liability (including, without limited to) any delays, errors or omissions in any content of or information in this mobile app nor be responsible for any loss or damage caused by your publishing, reproducing, transmitting or distributing the content in this mobile app.
- 4.2 Cannan is not responsible for the security or privacy of communications sent via this mobile app and/or service including, without limitation, where this mobile app and/or service is being accessed via wireless devices or application and/or service used on other equipment. We do not warrant that access to this mobile app will not be interrupted, that there will be no delays, failures, errors or omissions or loss of information, that no viruses or other destructive properties will be transmitted or that no damages will occur to your mobile phone. We assume no responsibility for any interruption of the downloading of this mobile app, interference with other software, programmes or applications on your device or any other technical defects which may occur from time to time. You will be solely responsible for any damage to your device or loss of data arising from the downloading or use of this mobile app.
- 4.3 The use of this mobile app requires compatible device. Your internet service provider may charge costs for the use of mobile data or Wi-Fi. We will not be liable for the accuracy or timeliness of messages you send in this mobile app that may be affected due to interruption, transmission blackout, delayed transmission or whatsoever reasons.
- 4.4 Our entire liability and your exclusive remedy with respect to the mobile app or otherwise, is re-performance of defective services in jurisdictions which do not allow the exclusion or limitation of certain types of liability. Our liability is limited to the maximum extent permitted by law. We do not endorse, warrant or guarantee any material, product or service offered through us. We are not and will not be a party to any transaction between you and any third party. The limitation of liability contained in these Terms and Conditions will apply to the fullest extent permitted by applicable law.
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Links to Third Party Websites
This mobile app may contain links to other sites and web pages which are operated by third parties. We have no control over the content of the linked websites or the way in which the operators of those websites deal with your personal data. You should review the privacy policy for those third party websites to understand the ways in which your personal data may be used by those third parties. In no event shall Cannan be liable for the Terms and Conditions, action and the use of your personal data by such third parties. We do not monitor the contents of the linked website. We are not responsible for webcasting or any other form of transmission received from any linked website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website or any association with its operator. Where a linked website advertises, sells or contains financial products or services information, we expressly declare that we do not endorse any such financial products or services as appearing on that linked website or any other website which the link website may link to. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred as a result of the use of the services or the content of any linked website.
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Waiver and Indemnity
You agree, to the extent permitted by law, to indemnify and hold Cannan, its subsidiaries, affiliates, directors, employees, officers, agents and third party service providers harmless with respect to any losses, claims, liabilities, damages, demands, costs and expenses (including all legal fees), incurred or suffered by us in connection with or arising out of your breach of these Terms and Conditions and/or use of the mobile app or services offered therein. We will not be liable to you for any direct or indirect damages from any causes of action arising out of this mobile app. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right to assume exclusive defense and control of any such claim or action.
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Amendments, Support and Maintenance
Cannan reserves the right to alter update, upgrade, change, modify, suspend and/or terminate some or all of the features and services of this mobile app and/or amend these Terms and Conditions at any time without prior notice. By accessing to and using this mobile app after the change of Terms and Conditions is announced, you agree to be bound by the latest version of these Terms and Conditions.
You are advised to use the latest version of this mobile app to enjoy the security patches, updates and upgrades. We do not guarantee that we would provide any updates for this mobile app, or that such updates will continue to support your device or system. Please download and install updates of this mobile app regularly, or you may not be able to continue to access to this mobile app.
We will not be liable to you or any third parties for any modification, suspension or discontinuance of this mobile app. We may also impose limits on certain features and services, or restrict your access to parts or all of the mobile app without notice or liability. Cannan has the sole discretion to decide whether to provide maintenance and support services with respect to this mobile app.
We reserve the right to interpret these Terms and Conditions and decide on any questions and disputes arising under these Terms and Conditions. You agree that all such interpretations and decisions shall be final and conclusive, and binding on you as a user of the mobile app.
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Termination of Uses
Your rights will terminate immediately and automatically without any notice from us if you fail to comply with any of the Terms and Conditions herein. Promptly upon termination, you must cease all use of this mobile app and destroy all copies of this mobile app in your possession or control. Such termination will not limit any of Cannan’s other rights or remedies at law or in equity.
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Entire Agreement
These Terms and Conditions constitute our entire agreement with you with respect to your use of this mobile app, and supersede and replace any other prior or contemporaneous agreements, representations, promises, assurances, understandings or Terms and Conditions applicable to this mobile app.
We reserve the absolute right to interpret these Terms and Conditions and decide on any questions arising under these Terms and Conditions.
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Governing law and Jurisdiction
The mobile app including the Terms and Conditions (excluding the linked websites) are governed by the laws of Hong Kong without giving effect to any principles of conflict of laws, provided that we reserve the right to pursue civil or criminal proceedings in any jurisdiction having control over you or your assets. You agree to submit to the exclusive jurisdiction of the Hong Kong courts.
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System availability
We do not guarantee uninterrupted, continuous or secure access to the mobile app. Part or the entire mobile app may be unexpectedly unavailable for whatever duration and for various reasons that may include system malfunctions and disruptions, internet access downtime and other technical problems beyond our control for which we cannot and shall not be held responsible. You agree that your use of the mobile app is at your own risk and that you will not hold us responsible for any damage or loss caused by your inability to use the mobile app for any reason whatsoever. We reserve the right to take any part or all of the mobile app offline for various reasons including urgent system maintenance or upgrading, in which case we will try to give you notice in advance if possible.
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English Prevails
If there is any discrepancy or conflict between the English and Chinese versions of this Terms and Conditions, the English version shall prevail.